David Hawker

Some of Hawker's rulings, from motions put by the Australian Labor Party Opposition, were somewhat controversial early in his term, with one session of Question Time on 1 December 2004 resulting in twelve points of order, some continuously raised, to Brendan Nelson's response to a question on school funding raised by Sophie Mirabella, in that it was seen by the Opposition to anticipate debate. This session resulted in a dissent motion regarding the permission of ministers tabling documents at the end of answers, which was negatived. A further dissent motion was raised on 7 December 2004, regarding questions asked relating to public affairs but not directly regarding the subject's portfolio, specifically, the desire of the Opposition to question De-Anne Kelly to her supposed approval of funding of a project not relating to her portfolio of Veterans' Affairs. This dissent motion was also voted down. Likewise, a motion of dissent on 28 November 2005 to a ruling that the Member for Perth resume his seat, having twice ignored an instruction to desist in argument across the chamber, was voted down. (Immediately thereafter, the motion to place further motions on notice was passed without a vote, and the Speaker responded to the Leader of the Opposition's subsequent Point of Order by stating that the motion was a "request".)

A 2006 ruling made by Hawker after an incident during a heated exchange in the House brought further motions of dissent from the Opposition, and drew criticism of the Speaker's impartiality from the media.

After a motion regarding share trading was moved by Kelvin Thomson, the Member for Wills, on 25 May 2006, Leader of the House Tony Abbott referred to Thomson indirectly using unparliamentary language by moving the motion "that that snivelling grub be no longer heard".[4] The Deputy Chair at the time, Peter Lindsay, did not make comment against to the withdrawal Abbott made using the words "if I have offended grubs, I withdraw unconditionally". Later, the Speaker assumed the Chair, but it was only after the Opposition attempted to move a dissent motion that Abbott withdrew "unconditionally any imputation or offensive words against the member for Wills".[5]

When Manager of Opposition Business Julia Gillard however attempted to mimic exactly the exchange of 25 May by moving the motion "that that snivelling grub over there be not further heard"[6] against Abbott on a health legislation amendment, and then stating that "If I have offended grubs, I withdraw unconditionally", the Speaker asked Gillard to withdraw "without reservation". Gillard responded that "in accordance with your ruling yesterday, I have withdrawn effectively", but the Speaker then said that "I have no option...but to name the member", and subsequently by motion from Abbott, Gillard was removed from the House for 24 hours.

The Opposition had earlier asked questions to the Speaker about the apparent impartiality of the latter ruling,[7] but criticism of the decision reached the media, with the Speaker defending the decision made referring to Abbott's later unconditional withdrawal.[8] Under standing order 94A, the Speaker can throw members out of the parliament without a verbal warning for one hour. This rule has frequently been used to expel disruptive opposition members from the parliament. During the Question Time debate over the government's controversial Industrial Relations reforms some eleven Labor members were thrown out in one day.[9]